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What is a Personal Injury Lawsuit?

You may be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights.

A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages damages to property and other expenses. The process can take anywhere from a few months to several years.

Damages

A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.

Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the perpetrator for committing extreme actions.

The first type of damages is usually referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travel to and from appointments or modifications to your home to accommodate permanent disabilities could be included in the claim.

Non-economic damages are commonly described as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. It could be based on your ability to enjoy activities you used to do or your loss of connection with family members.

Statute of Limitations

A legal rule known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.

The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time limit for filing claims. If you need help in determining whether your case falls under one of these exceptions, then it is best injury lawyer near me to seek legal advice.

A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by case basis. For example the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injury was caused by a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is then accountable for the damages.

The complaint is the first document filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries, as well as the damages you seek. The complaint also contains an "prayer for relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.

A successful personal injury law firm lawsuit is built on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys injurys or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worthy of financial compensation.

It's not an easy procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses.

You must attend a pre-trial conference before you can proceed with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. It is also the time where your lawyer will discuss the case with the defense.

A judicial registrar, or an individual from the court staff, usually conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's consent). When the Answer is filed, the case moves into what is called the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions.

After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial.

The court must examine a Bill of Particulars before it is able to be followed. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case.

In the same way, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment.

Physical Exam

You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. However, this type of examination is actually an obligation under Washington law, and it can be helpful to your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that could be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to not play with the severity of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.